BC 1992 08 17 - Laserfiche WebLink

Home Browse Search

59 NORTH CAROLINA CABARRUS COUNTY MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT made between CABARRUS COUNTY, a body politic of the Stare'of North Carolina (the "County"); and JOHN B. GREEN II and CATHERINE HARTSELL GREEN (the "Owners"); WITNES SETH : A. The County proposes to build a sewer treatment plant designated as the Muddy Creek Wastewater Treatment Plant (the "Project") near the confluence of Muddy Creek and Rocky River in No. 10 Township, Cabarrus County, together with a sewer interceptor line along Muddy Creek and then to said plant. B. The Owners are the o~]ers of the John Bunyan Green Farm, which is registered in the National Register of Historic Places, and which is located on both sides of Muddy Creek at its confluence with Rocky River. The John Bunyan Green Farm consists of the property designated by Cabarrus County Tax PIN numbers 5553-56-3389 and 5553-35-9824. C. The Owners have objected to the original plans for the Project because of its impact upon the John Bunyan Green Farm, and said objections may result in delay of the Project. D. The County, in consultation with HDR Engineering, the engineers for the Project, have agreed to relocate the plant and the sewer line as hereinafter set forth, and the Owners have agreed to notify the North Carolina Department of Cultural Resources that, as a result of the agreed changes, the impact upon the John Bunyan Green Farm has been minimized to the extent practical. E. The Muddy Creek Wastewater Treatment Plant is contemplated as an interim facility which will be replaced by a regional facility. NOW, THEREFORE, in consideration of the mutual covenants andagreements, the parties covenant and agree as follows: 1. The sewer interceptor line shall not be located on the John Bunyan Green Farm except on the west side of Muddy Creek as currently surveyed'and marked. The sewer interceptor line shall consist of a single 21 inch diameter pipe extending to the Pump Station hereinafter described. 2. Ail manholes for the interceptor line shall be constructed in the least obtrusive manner possible. No manhole covers shall be more than two feet above grade. It is understood that this will require that vent pipes be used at manhole locations where necessary to ventilate the manhole above the 100 year flood plain. The sewer line shall be vented no more frequently than every third manhole. 3. The easement for the sewer line will be a maximum width of 20 feet for the permanent easement and 40 feet for the construction easement. 4. The County warrants that, following construction of the sewer line, the surface of the ground shall be restored as nearly as possible to its original condition and shall be planted so as to prevent erosion. The plantings shall be consistent with existing vegetation. It is agreed that Kentucky 31 Fescue is an acceptable ground cover. 5. No part of the Project shall be constructed upon the John Bunyan Green Farm, except the sewer interceptor line on the west side of Muddy Creek terminating at the raw sewage pump station (the "Pump Station"), the Pump Station as hereinafter described, the sewer force main line from the Pump Station to the Wastewater Treatment Plant and an access road located on a 100 foot wide strip of land extending from the west property line of the John Bunyan Green Farm to the Pump Station, and a chain-link fence, other fences, and necessary gates on said strip of land. 6. The Pump Station shall be located approximately 500 feet northwest of the mouth of Muddy Creek on the west side of Muddy Creek at an elevation above 465 feet above sea level. The general location is designated on Exhibit "A" hereto. It is understood and agreed that the exact location of the Pump Station cannot be determined until an actual physical survey has been completed. The interceptor line shall terminate at the Pump Station. The Pump Station facilities shall consist of an at grade concrete flow splitter chamber with water tight manhole cover and vent pipe extending above the 100 year flood elevation and concrete screening/pumping structures with top of walls extending above the 100 year flood elevation. The Phase I/II screening/pumping structure will be approximately 40 foot by 20 foot and the Phase III/IV screening/pumping structure will be approximately 50 foot by 25 foot constructed immediately adjacent to the Phase I/II structure. The Pump Station facilities may also include an above grade structure to house electrical equipment, standby electrical generators, odor control equipment, hoists, ladders, screenings containers, parking, and other ancillary functions as required for a complete raw sewage screening and Pump Station facility. The County warrants that there shall be excess pumping